The New England Patriots may have won the 2019 Super Bowl, but there’s one Super Bowl fight that’s just started brewing. MillerCoors has filed a fraudulent advertising lawsuit against Anheuser-Busch (the maker of Bud Light) over a commercial that first appeared during the Super Bowl. Because neither one of these beer giants has yet to back down, it’s likely the lawsuit will end up being a hard fought and expensive battle.
The advertising lawsuit comes at a pivotal time for the companies. The market that was once dominated by big beer makers like themselves is now losing market share to an ever growing number of craft breweries. Additionally, consumers have become much more health conscious, leading to an increase in consumption of light beers. The commercial focuses on three of the most commonly consumed light beers: Bud Light, Miller Light, and Coors Light.
In the commercial, representatives of Bud Light are seen delivering corn syrup to both Miller Light and Coors Light. This might seem trivial, but MillerCoors (who makes both Miller Light and Coors Light) believes Anheuser-Busch has engaged in fraudulent advertising and violated its trademarks. Most health conscious individuals view corn syrup as an undesirable ingredient, but MillerCoors claims consumers won’t know the difference between the corn syrup used in the brewing process and the high fructose corn syrup that is considered unhealthy. In this way, MillerCoors claims Anheuser-Busch is misleading consumers.
While the advertising lawsuit isn’t going to be resolved anytime soon, it already poses unique legal questions about advertising and marketing. Marketing materials can be a source of litigation for businesses of all sizes. While steps can be taken to limit liability, lawsuits can still arise. Any time a business is facing a lawsuit with a competitor, it is incredibly important for experienced legal representatives to be retained. Businesses have a lot at stake in these lawsuits; therefore, they need to be handled carefully to obtain the best outcome.
Texas Business Litigation Attorneys
The Texas business litigation attorneys at MehaffyWeber have extensive experience handling advertising lawsuits between business competitors. If you would like to schedule an appointment with one of our experienced attorneys, contact us today.